County Licensing (Uniform Procedures) Act

The Act is titled the County Licensing (Uniform Procedures) Act, 2024, and will come into operation upon the expiry of six months from the date of assent of this Act.

This section provides definitions for "Cabinet Secretary", "electronic communication" and "licensing authority".

Section 3. Guiding principles Section the need to protect consumers of goods and services, ensure public safety and promote environmental protection;

A licensing authority must undertake due diligence to verify an applicant's qualifications and licensing when considering licence applications for businesses ordinarily regulated by a professional body.

Requires simplicity in the licence application process and specific provisions to ease the application process for persons with disabilities.

County governments must protect the rights of consumers, producers, suppliers, distributors and service providers in the county.

The licensing authority must, when carrying out public participation under subsection (1), adhere to the requirements set out under section 91 of the County Governments Act (Cap. 265).

Requires advertising of applications in one daily newspaper of wide circulation within the county; requires submission of a statement of relevant information to the licensing authority by any person; and sets that the date in subsection 2(b) must be no earlier than fourteen days and no later than twenty eight days after first publication of the notice.

Applicants may withdraw their application any time before a licence is issued; a person who withdraws must forfeit any fees paid; a county government may enact legislation to allow refunds in specified circumstances.

A licensing authority must determine an application within 28 days (or the earlier time prescribed); if it fails to do so it is deemed to have allowed the application.

Section 14(1) grants an application for a licence.

The licensing authority must notify applicants and objectors in writing of decisions; if refusing an application it must give written reasons.

A licensing authority that grants an application must issue the applicant an original or replacement licence.

Licences come into force on the issue date or a specified date; renewed licences come into force the day after the expiry of the licence they renew; a licence is valid for the period specified and, for a business intending to operate one year or more, is valid for one year from issue; if a renewal application is made before expiry the existing licence remains in force until the applicant is notified of the authority’s decision.

A licensing authority must, unless circumstances vary and it considers it proper, impose the same conditions when issuing the same type of licence.

A licensing authority may vary a condition attached to a licence.

The licensing authority must issue a fourteen (14) days' notice to a licensee before cancelling a licence under subsections (1)(a),(b),(d) and (e); each county government must establish a committee to review decisions to cancel licences.

An application for review must be determined within twenty-one days of the application for review or such shorter time as may be prescribed by the relevant licensing legislation.

County governments must set up County Licensing Boards; licensing authorities must implement electronic application mechanisms within three years; a person may make one application to the same licensing authority covering multiple licences in the same sector.

A county government must prescribe procedures so a single application can be used when an application is made for more than one licence.

Licensing authorities may serve notices requesting further information; such notices must be made within three days and must specify the person to whom information is to be submitted; applicants are entitled to seven days to furnish the information; failure to comply may lead the licensing authority to reject the application, and a rejected applicant forfeits any application fees.

A person who holds a licence must notify the respective licensing authority of any change in the licensee’s name, directorship, shareholding, address or registered particulars within fourteen days after the change.

Licensing authorities must keep and maintain a licence register; they may charge a prescribed fee for providing information requested under subsection (3), but that fee must not exceed the actual cost of making and supplying copies.

Section 24 governs licensing fees, including who may set fees, the scope of licensed activities, harmonisation of licensing regulations and fee structures, guidance for county governments in formulating licensing fees policy, and that a licensing authority may impose fees for grant, transfer or renewal of a licence.

A notice required to be served on joint applicants or joint licensees is treated as served on all of them if it is served on any one of them.

The relevant licensing authority may recover unpaid fees for a licence or an application for a licence as a debt in a court of competent jurisdiction.

A person who contravenes any provision of the Act commits an offence and, on conviction, may be fined up to one million shillings or imprisoned for up to six months or both.

The Cabinet Secretary may make Regulations to carry out the provisions of the Act, subject to limits in subsection (2).

A county assembly must enact legislation to give further effect to the provisions of this Act in its county.